Product Liability Defense

Yesterday, the New Jersey Supreme Court issued its long-awaited opinion in Dugan v. TGI Fridays, Inc. __ N.J. __ (2017). The opinion, which you can read here, provides a good summary of the most recent law governing class certification in New Jersey. It also provides guidance on the hotly-debated issues of who can be an “aggrieved consumer” under the New Jersey Truth in Consumer Contracts, Warranty and Notices Act (the “Act”), why that issue can affect the predominance prong of the class certification standard, and what type of right might be considered “clearly established” under the “Act”.» Read More

The U.S. Chamber Institute for Legal Reform just released its 2017 Lawsuit Climate Survey: Ranking the States. Sometimes this information can be useful to help a business decide where to locate, where to do business (or not), and where to litigate. This information can also be useful at times to make an argument in Court that a jurisdiction has become a favored venue (and why) for Plaintiffs from out of state, and might help support a forum non-conveniens motion. » Read More

The United States Supreme Court issued its long-awaited opinion in Bristol-Myers Squibb Co. v. Superior Court of San Francisco County, 582 U.S. ____ (2017). Fortunately, the Supreme Court resisted the opportunity to revisit the limited scope of general jurisdiction discussed in Daimler AG v. Bauman, 571 U.S. _____ (2014), or to expand the existing grounds for specific jurisdiction. It maintained its prior view of specific jurisdiction and required “a connection between the forum and the specific claims at issue.” See the opinion here for more detail.» Read More

Last week, a first level appellate court in New Jersey issued an opinion for publication discussing the potential grounds for finding jurisdiction over a foreign parent corporation when its wholly-owned subsidiary has its principal place of business in New Jersey. In FDASmart v. Dishman Pharmaceuticals and Chemicals Limited, App.» Read More